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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of an unborn child's rights and criminal |
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liability and justification for prohibited conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Acknowledging the sanctity of innocent human |
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life created in the image of God, the purposes of this Act are to: |
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(1) follow the United States Constitution, which |
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provides that "[n]o State shall . . . deny to any person within its |
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jurisdiction the equal protection of the laws"; |
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(2) protect the lives of preborn children with the |
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same criminal and civil laws protecting the lives of human beings |
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born alive by repealing laws that permit wilful prenatal homicide |
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and assault; |
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(3) repeal laws that could be interpreted as allowing |
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a person to pressure a pregnant mother to obtain an abortion; and |
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(4) secure the right to life and equal protection of |
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the laws for all preborn children from the moment of fertilization |
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and to protect pregnant mothers. |
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SECTION 2. Section 1.07(a)(26), Penal Code, is amended to |
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read as follows: |
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(26) "Individual" means a human being who is alive, |
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including an unborn child at every stage of development [gestation] |
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from fertilization until birth. |
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SECTION 3. Chapter 19, Penal Code, is amended by adding |
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Section 19.07 to read as follows: |
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Sec. 19.07. APPLICABILITY OF CHAPTER TO UNBORN VICTIMS. |
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(a) The provisions of this chapter apply equally to an offense |
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committed against any victim, regardless of whether the victim is |
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an unborn child or an individual who was born alive. |
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(b) The provisions of this chapter do not apply to the |
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unintentional injury or death of an unborn child resulting from: |
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(1) lifesaving procedures undertaken to save the life |
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of a pregnant mother when accompanied by reasonable and available |
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steps to save the life of the mother's unborn child; or |
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(2) a spontaneous miscarriage. |
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SECTION 4. Chapter 22, Penal Code, is amended by adding |
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Section 22.13 to read as follows: |
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Sec. 22.13. APPLICABILITY OF CHAPTER TO UNBORN VICTIMS. |
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(a) The provisions of this chapter apply equally to an offense |
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committed against any victim, regardless of whether the victim is |
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an unborn child or an individual who was born alive. |
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(b) The provisions of this chapter do not apply to the |
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unintentional injury or death of an unborn child resulting from: |
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(1) lifesaving procedures undertaken to save the life |
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of a pregnant mother when accompanied by reasonable and available |
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steps to save the life of the mother's unborn child; or |
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(2) a spontaneous miscarriage. |
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SECTION 5. Section 71.003, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c-1) to read as follows: |
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(c-1) This subchapter does not apply to the unintentional |
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injury or death of an unborn child resulting from: |
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(1) lifesaving procedures undertaken to save the life |
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of a pregnant mother when accompanied by reasonable and available |
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steps to save the life of the mother's unborn child; or |
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(2) a spontaneous miscarriage. |
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SECTION 6. The following provisions are repealed: |
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(1) Section 71.003(c), Civil Practice and Remedies |
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Code; |
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(2) Section 19.06, Penal Code; and |
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(3) Section 22.12, Penal Code. |
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SECTION 7. (a) The changes in law made by this Act to the |
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Penal Code apply only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before the effective date. |
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(b) Except as otherwise provided by Subsection (c) of this |
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section, Section 71.003, Civil Practice and Remedies Code, as |
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amended by this Act, applies only to conduct that occurs on or after |
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the effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(c) The repeal by this Act of Section 71.003(c), Civil |
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Practice and Remedies Code, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |